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rdfinger0513 · Aug 14, 2007, 08:54 PM

Hi, I am new at this but would like some advice. My Family and I have lived in this home for approx. 9 years. We did not sign a lease or contract. It was verbal on a month to month basis. The problem is the original owner (Landlord) died over a year ago. He left this place to one of his kids. They let his common law wife receive the payments until a few months ago. We started paying them and have been behind. We pay them something all throughout the month. Well today we were told that we had until the end of the month (which is 17 days) to get out. The Mom said that she wants her son to live here, and he said that he just don't want to rent it out anymore. Can they do this? Do we have any rights? We have never met faced to face and they chose to evict us over the phone, is this all legal? I need some expert advice... FAST!! Thanks for any and all imput.:confused:

LisaB4657 · Aug 15, 2007, 05:43 AM

They do have the right to terminate your tenancy, but they must give you 30 days advance written notice. If you haven't left within that 30 days then they must file a lawsuit for eviction.

I'm sorry but you're going to have to find a new place to live asap.

Fr_Chuck · Aug 15, 2007, 06:06 AM

If they are evicting you for being behind on your rent, they can do it under 30 days. If they are merely giving you a notice to move out, they have to give you a 30 day notice. But yes they can evict you anytime they want for no reason at all.

ScottGem · Aug 15, 2007, 06:20 AM

That's what month to month means. That either party can terminate the tenancy with just a month's notice. Check the laws for your state (there are links in the not at the top of this forum), some states require notice of one full rental period, meaning if your rent is due monthly on the first, then can't kick you out until 10/1. At the earliest you can be required to leave would be 9/15.

Even if they are evicting you for non-payment of rent, they have to give you formal written notice and if you bring your rent up to date, they have to start all over.

So I would go back to them and tell them (after checking the law), that you understand they want the house back and you will immediately start looking for a new place. However, you legally have until x date before you have to move since they have to give you formal written notice of x. Tell then you will do your best to be out by that time.